Thank you for visiting our website, www.easyplant.co.in (“Website”) and/or downloading our mobile application, easyPLANT™ (“Application”). You can learn about our Services (defined hereinbelow) from the Website and the Application (the Website and the Application may hereinafter be collectively referred to as “Platform”). You may use our Services through the Application.
For the purpose of these Terms, wherever the context so requires “Yourself”, “Your”, “You” shall mean any natural or legal person who is a visitor/user of the Platform or any natural or legal person who has agreed to use/subscribe to the Platform either for posting and/or accessing Content on the Platform. The term “We”, “Us”, “Our” shall mean Go-Bio Retail Private Limited (“Company”, which expression shall, wherever the context permits, admits or requires, be deemed to mean and include its successors in interest and permitted assigns).
The Platform is owned and operated by the Company. When You use Our Services, You will be subject to the terms, guidelines and policies applicable to such Service and as set forth in these Terms. As long as You comply with these Terms, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use Our Platform and Services.
This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”), the rules thereunder as applicable, and the provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.3. We may modify these Terms from time to time, and such modification shall be effective upon its posting on Our Platform. You agree to be bound by any modification to these terms when You use the Platform after any such modification is posted; it is therefore important that You review these Terms regularly.
2. General Registration Requirements 2.1. In consideration of Your use of Our Platform, You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under any law in force in India or other applicable jurisdiction. You also agree: 2.1.1. to provide true, accurate, current and complete information about Yourself while registering on Our Platform to avail the Services; 2.1.2. to maintain and promptly update Your registration data to keep it true, accurate, current and complete; and 2.1.3. that We are not responsible for any consequence that arise as a result of Your misuse of the Platform or any of Our Services.
2.2. If You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to suspend or terminate Your account and refuse any and all current or future use of Our Platform (or any portion thereof) at any time.
2.3. The Material (as defined below) available on Our Platform is provided to You “AS IS” for Your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company. The Company reserves all rights not expressly granted in and to the Platform and the Material. 2.4. You may access Our Platform as available for Your information and personal use.
2.5. You will be required to enter requisite details, including, without limitation, Your name, a valid phone number, Your company/entity details, and goods and services tax details, while registering on Our Platform as a User/Subscriber. By registering with Us, You consent to be contacted by Us via phone calls, SMS notifications or instant messages, in case of any subscription/service updates. If We do so, each communication We send You will contain instructions permitting You to "opt-out" of receiving future communications. In addition, if at any time, You wish not to receive any future communications or You wish to have Your name deleted from Our mailing lists, please contact Us as indicated below. If You are registered with the DND National registry, You may not receive any promotional messages from Us. 3. User/Subscriber Account and Security 3.1. If You register with the Company, You may be required to complete a verification process as part of setting up Your account. Once set up, You are responsible for maintaining the confidentiality of Your account information and are fully responsible for all activities that occur through Your account. Should there be instances of any unauthorized use of Your account or any other breach of security, please notify Us to stop processing requests from Your account, until further instructions. 4. Services and Restrictions 4.1. The Company provides listing service on its Application to enable its Users to connect with each other ("Services"). It is pertinent to state that the listings, inventory and availability of the products and services thereto are posted by the Users of this Platform.
4.2. The Company provides different modules of Services, which a User may choose from, and the Subscription Fee (defined below) may also vary for each such module. The Original Content (defined below) is created by a User and displayed to the other Users, based on the module selected and paid for by such User.
4.3. You agree that while using the Services, there is a bipartite contract created between the Users while interacting with each other. Therefore, the Company will not be responsible for any consequences or ramifications of such bipartite contract.
4.4. The Users/Subscribers may list the following products and services on the Platform, including, without limitation, (i) the inventory products available with the User/Subscriber such as live plants, and gardening and landscaping input products such as nursery supplies, garden supplies, and landscaping supplies; (ii) services, such as, botanical reference and standardisation service, photo cataloguing service, stock listing service, plant search service, buyer-seller matching service, messaging service, and multi-user business information sharing service.
4.5. As a User, You may upload relevant information or claims relating to Your products and services with respect to live plants, nursery supplies, garden supplies, landscaping supplies, and any other services/products provided by You (“Original Content”). All such Original Content uploaded by You shall be owned by You. You grant Company an absolute, irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Original Content, in all platforms of the Company, now known or later developed. The Company shall be entitled to edits/make enhancements or modifications in the Original Content uploaded by You (“Enhanced Content”). The proprietary rights pertaining to such Enhanced Content shall be solely owned by the Company. The Original Content and Enhanced Content shall hereinafter be collectively referred to as “Content”.
4.6. The Services on the Platform may be provided in various vernacular/regional languages; You expressly acknowledge and agree that the Company shall not be liable for any accuracy of the Content.
4.7. In order for the Services to be rendered by the Company, You agree that all Original Content provided by You on the Platform is true, accurate, and does not infringe the intellectual property of any third party. Any information provided by You is owned by You or You are duly authorised to post such information on the Platform.
4.8. If You believe that any of Your intellectual property rights have been infringed by any Original Content posted by any User, please write to [email protected] , and include the following information in the e-mail, (i) Your details, (ii) details of the User who has posted such infringing information, (iii) details of the infringing intellectual property, (iv) details of any legal proceeding, if any. We may seek information from the User in this regard, and We may block the Original Content, if required.
4.9. If You are viewing the Original Content posted by any Users on the Platform, You acknowledge and agree that the owner of such Original Content is responsible for any such Original Content. You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the Company with respect to any such content posted by a User, as the Company does not verify any such content posted by a User.
4.10. You agree that any Services provided by Us may be subject to change at the discretion of the Company and the Company may add, remove or modify offerings to its existing scope of Services on terms as the Company may deem fit. The Company reserves the right to charge fee for the Content that is currently free of charge, charge for any additional service and also reserves the right to change any paid Services to services provided to Users free of cost.
4.11. If You post any Original Content on the Platform:
4.11.1. You acknowledge and agree that You will provide true and accurate information with respect to the products, plant names, images, prices, inventory, soil media of the plant, size of the plant, height of the plant, age of the plant, and any other details, as required on the Platform.
4.11.2. While every attempt has been made to ascertain the authenticity of the Content on the Platforms, You will be solely responsible and liable for the Original Content You post and acknowledge that the Company does not check, review or edit any of the Original Content at the time You post it. Accordingly, You covenant to the Company that You: (i) have sole and exclusive ownership of all the Original Content that You make available on the Platform; and (ii) neither the Original Content nor Your posting, uploading, publication, submission, or transmitting of the Original Content on the Platform (or any portion thereof) will infringe, misappropriate, or violate a third-party’s intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law / notification / rules / regulations. 
4.11.3. You acknowledge that the Company shall neither be liable for generating views, business, and enquiries with respect to the Content, nor will the Company be liable for conclusion of transactions or any fulfilment thereto. However, the Company shall facilitate the option of negotiations amongst the Users through chatrooms available on the Platform. You shall be solely liable for such negotiations and contents of such chats.
4.11.4. You understand that all the Original Content that You post on the Platform will be made available for public access and hence You shall use Your judgement and discretion before publishing any such Original Content. You will have to ensure that You take steps to filter out any sensitive information before You post such Original Content on the Platform.
4.11.5. You understand that the Company does not endorse any of the Content and You will take sole responsibility for all the Original Content that You post on the Platform.
4.11.6. You undertake that You will not publish any Original Content that is in Your unlawful possession or which would be unlawful to be published on the Platform.
4.11.7. If the Company is made aware of any violation of its internal scrutiny, suspects that You have violated these Terms, the Company will without any notice terminate Your access to the Platform and forfeit all Your rights to the Platform access.
4.12. You acknowledge that the Company shall not be liable for the quality of the services/products delivered and/or not delivered to the User/Subscriber by another User/Subscriber.
4.13. Any mutual agreements between the Users, online or offline, shall be the responsibility and liability of such Users/Subscribers; and the Company shall not be responsible for the same. 5. Subscription 5.1. When You use certain Services of the Company on the Platform, You shall be required to pay a subscription fee (“Subscription Fee”). The Subscription Fee shall be paid directly to the bank account of the Company in advance before subscribing to such Services. Upon receipt of payment of the Subscription Fee by the Company, You shall be entitled to use and access any such paid Services.
5.2. Pursuant to registration on the Platform, You may be entitled to a fixed trial period as indicated on the Platform (“Trial Period”). Within the Trial Period the Subscriber can opt for a particular Subscription Fee notified on the Platform. If You fail to pay the applicable Subscription Fee prior to the expiry of the Trial Period, You will remain only a User with access to limited features in the Platform and will no longer have access to any of the paid Services.
5.3. Any payments made to the Company in respect of paid Services are non-refundable and there are no refunds or credits for partially used periods, except at the discretion of the Company.
5.4. Once You have made the payment of the Subscription Fee for the opted Services, You shall be entitled to use the paid Services for the opted subscription period.
5.5. You acknowledge and agree that the Subscription Fee is valid only for a limited period of time. In the event that You fail to renew Your subscription, You acknowledge that such non-renewal may result in suspension of paid Services provided to You on the Platform by the Company, until the applicable Subscription Fee is paid and received by the Company for such paid Services.
5.6. It is clarified that the Company does not charge any fee/commissions with respect to (i) any connections made on the Platform, or (ii) transactions entered into between any Users or Subscribers, or (iii) enquiries made by any User/Subscriber, or (iv) deal generated as a consequence of display of the Content.
5.7. The Company may at its discretion revise the Subscription Fee payable in respect of the Services, and any Services that may be applicable to Users. 6. User Information 6.1. You are solely responsible for and in control of the information and documents You provide on the Platform to the Company.
6.2. If You use the Platform, You agree that information about Your use of the Platform through Your mobile telecommunication device may be communicated to Us, and We may obtain information about Your mobile carrier, Your mobile device, or Your physical location.
6.3. The Company reserves the right to collect User data including name, contact information and other details to facilitate the Services or use of its Platform to avail Services. With your permission, the Company will access your contacts, including their names and telephone numbers stored on your mobile device, to set up your personalised phone directory of your contacts already using easyPLANT™ . The Company stores your contacts on its domain at easyplant.co.in. All information collected from you is on a bona fide basis.
6.4. You acknowledge and agree that the Company shall not be liable for any payments, negotiations or transaction between the Users.
6.5. In the case where the system is unable to establish unique identity of the User against a valid mobile number or e-mail address, the account shall be indefinitely suspended. The Company reserves the full discretion to suspend a User's account in the above event and does not have the liability to share any account information whatsoever. Please note that it is Your responsibility to check that the computer or device You plan to use to access the account is compatible with the minimum specification requirement that relates to the subscription You are opting for. You acknowledge and accept that the Company cannot be held responsible for any technical problems with any systems, computers or devices.
6.6. The Services of the Company are provided via the User’s mobile device and require the User to maintain and ensure at all times his/her adequate device memory, data connectivity in both bandwidth and quantity, and updated device operating system software (“Memory & Connectivity”). You agree to hold the Company harmless from any failure on the part of any Subscriber for not maintaining optimum and minimum Memory & Connectivity.
7. Prohibited Material 7.1. You agree that You shall not use the Platform in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material:
• in violation of any applicable law or regulation; • in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others; • that belongs to another person and to which the User does not have any right to; • that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever; • harm minors in any way; • deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature; • impersonate another person or entity; • making available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of business solicitation; • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Company’s computer systems or site or the Company’s Users, customer’s computer systems or site; and/or • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.
7.2. If You become aware of misuse of the Platform by any person, please contact [email protected]
7.3. You may not use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to: (a) continuously and automatically search, scrape, extract, deep link or index any Content of the Platform; (b) harvest personal information from the Services for purposes of sending unsolicited or unauthorized material; or (c) cause disruption to the working of the Services or any other person’s use of the Services. If the Services contain robot exclusion files or robot exclusion headers, You agree to honour them and not use any device, software or routine to bypass them. You may not attempt to gain unauthorized access to any portion or feature of the Services, any other systems or networks connected to the Services or to any Company server, or any of the products or services provided on, accessed from or distributed through the Services. You may not probe, scan or test the vulnerability of the Services or any network connected to the Services or breach or attempt to breach the security or authentication measures on the Services, or any network connected to the Services.
7.4. You may not, without the approval of the Company, use the Services to publish or distribute any advertising, promotional material, or solicitation to other for Your personal commercial gain. 8. Termination or Suspension of Account 8.1. You agree that the Company may at any time and for any reason, terminate Your access to the Platform, or restrict or suspend Your access to all or any part of the Platform at any time, for any or no reason, with or without prior notice, and without liability. If there is a suspicion of untoward or illegal activity, We may suspend Your account immediately.
9. Preservation/Disclosure 9.1. You acknowledge, consent and agree that the Company may access, preserve and disclose Your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
13.3. All icons and logos are trademarks of and proprietary to the Company. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
13.4. All Materials are the exclusive copyright of the Company, except the third-party material and link to third party apps or websites. Systematic retrieval of the Company’s Material to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from the Company is prohibited. In addition, use of the Material for any purpose not expressly permitted by the Company in these Terms is prohibited and may invite legal action.
13.5. All Material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on the Platform is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such Material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the Company, modification of the Material, use of the Material on any other website, Platform or networked computer environment or use of the Materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is commercial use for the purposes of these Terms.
13.6. The Company respects the intellectual property of others. In case You feel that Your trademark or copyright has been infringed, You can write to Us at [email protected] 14. Terms and Termination 14.1. These Terms shall remain in full force and effect for so long as You use the Platform.
14.2. The Company reserves the right to cancel delete or deactivate Your Account, if it believes the same has been compromised, or is being used fraudulently, at its own discretion. 15. Disclaimer of Warranties and Liability 15.1. All Material on the Platform, (including but not limited to software) and Services, included on or otherwise made available to You through the Platform are provided on "AS IS" and "AS AVAILABLE" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, the Company does not warrant that: • The Platform will be constantly available, or available at all; or • The information on the Platform is complete, true, accurate or non-misleading.
15.2. The Company will not be liable to You in any way or in relation to the Material, or use of, or otherwise in connection with the Platform. The Company does not warrant that the Platform, information, Content, Materials, product (including software) or Services included on or otherwise made available to You through the Platform are free of viruses or other harmful components.
15.3. The Company does not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, deals, coupons or other promotions or materials, including advice, and recommendations made in the Content posted on the Platform.
15.4. The Company shall not be responsible for any non-performance or breach of any contract entered into between the Subscribers. The Company does not guarantee that the concerned Subscriber and/or You will perform any transaction concluded on the Platform. The Company shall not be responsible to mediate or resolve any dispute or disagreement between the Subscribers.
15.5. Nothing on the Platform constitutes, or is meant to constitute, advice of any kind. References made to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by You as a result of any listing or any other information or offer in or in connection with the Platform.
15.6. SUBJECT TO APPLICABLE LAWS, IN NO EVENT WILL THE COMPANY’S OR ITS EMPLOYEES’ AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICES RENDERED TO YOU BY THIRD PARTIES EXCEED THE PAYMENTS ACTUALLY RECEIVED AND RETAINED BY THE COMPANY FROM YOU AS SERVICE FEES FOR THE SERVICES RENDERED TO YOU BY THIRD PARTIES FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY YOU OR YOUR AGENTS.
18. Additional Terms 18.1. We may also require You to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Platform, to obtain certain premium Material through the Platform, or for other reasons. These additional terms are part of this Agreement, and You agree to comply with them when You participate in those promotions, or otherwise engage in activities governed by such additional terms.
18.2. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of the Platform (or any portion thereof) with or without notice. You agree that We will not be liable to You or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Platform.
18.3. You agree and acknowledge that the use of the Services offered by the Company is at Your sole risk and that the Company disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
18.4. The Company makes no representation or warranty that the Services will meet Your requirements. In all circumstances the Company’s liability is limited to the Subscription Fee paid by You for the transaction in question.
18.5. This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by the Company without restriction.
18.7. If You have any complaint in respect of the Services, You must inform the Company of the same in writing within 24 (Twenty-Four) hours of using the Services.
18.8. The Company shall not be liable for any conduct or behaviour or actions of any third parties.
18.9. Under no circumstances will the Platform be used to commit any acts which are immoral or unlawful in nature. 19. Modification and Discontinuation 19.1. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of Our Platform (or any portion thereof) with or without notice. You agree that We will not be liable to You or to any third party for any such modification, editing, deletion, suspension or discontinuance of Our Platform.
1.3 We will store Your username, country and specialty on an unencrypted server. Your password is cryptographically hashed, and Your email address is encrypted. We collect and hold this information for the purpose of administering Your Account.
1.4 You are solely responsible for (1) maintaining the strict confidentiality of Your Account credentials, (2) not allowing another person to use Your Account to access the services, (3) any and all damages or losses that may be incurred or suffered as a result of any activities that occur in Your Account,
1.5 You agree to immediately notify Company in writing by email to [email protected] of any unauthorized use of Your Account or any other breach of security.
1.6 On receiving personal information about You, You no longer remain anonymous to Us. We may use this information to do internal research on demographics, interests, and behaviour to better understand, protect and serve Our customers. This information is compiled and analysed on an aggregated basis. We indicate fields that are mandatorily required to be filled and fields that are optional. You may decide whether or not to provide such information to Us.
2.2 We may use personal information to resolve disputes that may arise with the use of Our services, help promote a safe service to all the customers, measure consumer interest in Our services, customize Your experience, detect and protect Us against error, fraud and other criminal activity, enforce Our Terms.
3.3 We do not disclose personal information about identifiable individuals to advertisers, but We may provide them with aggregate and/or anonymised information about You to help advertisers reach the kind of audience they want to target. We may make use of the information We have collected from You to enable Us to comply with Our advertisers' wishes by displaying their advertisement to that target audience.
4. Information Safety 4.1 All information is saved and stored on servers which are secured with passwords and pins to ensure no unauthorised person has access to it. Once Your information is in Our possession, we adhere to strict security guidelines, protecting it against unauthorized access. Company acknowledges the importance of and is committed to maintaining the security of all information received. However, no method of transmission over the internet, or method of electronic storage is 100% secure or fool proof. Therefore, while Company strives to use commercially acceptable means to protect the Personal Data; Company cannot guarantee its absolute security.
5. Choice/Opt-Out 5.1 We provide all Users with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from Us on behalf of Our partners, and from Us in general, after providing Us with personal information. If You want to remove Your contact information from all lists and newsletters, please write to [email protected] 6. Third Party Links 6.1 We use third-party advertising companies to serve advertisements when You are a visitor in Our Website. These companies may use information (not including Your name, address, email address, or telephone number) about Your visits to this and other Website in order to provide advertisements about services of interest to You.